Florida Senate - 2015                        COMMITTEE AMENDMENT
       Bill No. SB 484
       
       
       
       
       
       
                                Ì3616645Î361664                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/10/2015           .                                
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       The Committee on Community Affairs (Simpson) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsection (9) of section 163.3175, Florida
    6  Statutes, is amended to read:
    7         163.3175 Legislative findings on compatibility of
    8  development with military installations; exchange of information
    9  between local governments and military installations.—
   10         (9) If a local government, as required under s.
   11  163.3177(6)(a), does not adopt criteria and address
   12  compatibility of lands adjacent to or closely proximate to
   13  existing military installations in its future land use plan
   14  element by June 30, 2012, the local government, the military
   15  installation, the state land planning agency, and other parties
   16  as identified by the regional planning council, including, but
   17  not limited to, private landowner representatives, shall enter
   18  into mediation conducted pursuant to s. 186.509. If the local
   19  government comprehensive plan does not contain criteria
   20  addressing compatibility by December 31, 2013, the agency may
   21  notify the Administration Commission. The Administration
   22  Commission may impose sanctions pursuant to s. 163.3184(8). Any
   23  local government that amended its comprehensive plan to address
   24  military installation compatibility requirements after 2004 and
   25  was found to be in compliance is deemed to be in compliance with
   26  this subsection until the local government conducts its
   27  evaluation and appraisal review pursuant to s. 163.3191 and
   28  determines that amendments are necessary to meet updated general
   29  law requirements.
   30         Section 2. Subsection (11) of section 163.3246, Florida
   31  Statutes, is amended to read:
   32         163.3246 Local government comprehensive planning
   33  certification program.—
   34         (11) If the local government of an area described in
   35  subsection (10) does not request that the state land planning
   36  agency review the developments of regional impact that are
   37  proposed within the certified area, an application for approval
   38  of a development order within the certified area shall be exempt
   39  from review under s. 380.06, subject to the following:
   40         (a) Concurrent with filing an application for development
   41  approval with the local government, a developer proposing a
   42  project that would have been subject to review pursuant to s.
   43  380.06 shall notify in writing the regional planning council
   44  with jurisdiction.
   45         (b) The regional planning council shall coordinate with the
   46  developer and the local government to ensure that all
   47  concurrency requirements as well as federal, state, and local
   48  environmental permit requirements are met.
   49         Section 3. Subsection (4) of section 163.3248, Florida
   50  Statutes, is amended to read:
   51         163.3248 Rural land stewardship areas.—
   52         (4) A local government or one or more property owners may
   53  request assistance and participation in the development of a
   54  plan for the rural land stewardship area from the state land
   55  planning agency, the Department of Agriculture and Consumer
   56  Services, the Fish and Wildlife Conservation Commission, the
   57  Department of Environmental Protection, the appropriate water
   58  management district, the Department of Transportation, the
   59  regional planning council, private land owners, and
   60  stakeholders.
   61         Section 4. Subsection (22) of section 186.505, Florida
   62  Statutes, is amended to read:
   63         186.505 Regional planning councils; powers and duties.—Any
   64  regional planning council created hereunder shall have the
   65  following powers:
   66         (22) To establish and conduct a cross-acceptance
   67  negotiation process with local governments intended to resolve
   68  inconsistencies between applicable local and regional plans,
   69  with participation by local governments being voluntary.
   70         Section 5. Subsection (4) of section 186.506, Florida
   71  Statutes, is amended to read:
   72         186.506 Executive Office of the Governor; powers and
   73  duties.—The Executive Office of the Governor, or its designee,
   74  shall:
   75         (4) Conduct an in-depth analysis of the current boundaries
   76  of comprehensive planning districts to ensure that the regional
   77  planning councils working within them together form a workable
   78  system for effective regional planning, and that each council
   79  can adequately perform the tasks assigned to it by law. The
   80  Executive Office of the Governor shall include in its study the
   81  preferences of local general-purpose governments; the effects of
   82  population migration, transportation networks, population
   83  increases and decreases, economic development centers, trade
   84  areas, natural resource systems, federal program requirements,
   85  designated air quality nonattainment areas, economic
   86  relationships among cities and counties, and media markets; and
   87  other data, projections, or studies that it determines to be of
   88  significance in establishing district boundaries. The Executive
   89  Office of the Governor may recommend to the Legislature make
   90  such changes in the district boundaries of the regional planning
   91  councils as are found to be feasible and desirable, shall
   92  complete a review of existing boundaries by January 1, 1994, and
   93  may revise and update the boundaries from time to time
   94  thereafter.
   95         Section 6. Section 186.512, Florida Statutes, is created to
   96  read:
   97         186.512 Designation of regional planning councils.The
   98  territorial area of the state is subdivided into the following
   99  districts for the purpose of regional comprehensive planning.
  100  The name and geographic area of each respective district shall
  101  accord with the following:
  102         (1) West Florida Regional Planning Council: Bay, Escambia,
  103  Holmes, Okaloosa, Santa Rosa, Walton, and Washington Counties.
  104         (2) Apalachee Regional Planning Council: Calhoun, Franklin,
  105  Gadsden, Gulf, Jackson, Jefferson, Leon, Liberty, and Wakulla
  106  Counties.
  107         (3) North Central Florida Regional Planning Council:
  108  Alachua, Bradford, Columbia, Dixie, Gilchrist, Hamilton,
  109  Lafayette, Levy, Madison, Marion, Suwannee, Taylor, and Union
  110  Counties.
  111         (4) Northeast Florida Regional Planning Council: Baker,
  112  Clay, Duval, Flagler, Nassau, Putnam, and St. Johns Counties.
  113         (5) East Central Florida Regional Planning Council:
  114  Brevard, Lake, Orange, Osceola, Seminole, Sumter, and Volusia
  115  Counties.
  116         (6) Central Florida Regional Planning Council: DeSoto,
  117  Hardee, Highlands, Okeechobee, and Polk Counties.
  118         (7) Tampa Bay Regional Planning Council: Citrus, Hernando,
  119  Hillsborough, Manatee, Pasco, and Pinellas Counties.
  120         (8) Southwest Florida Regional Planning Council: Charlotte,
  121  Collier, Glades, Hendry, Lee, and Sarasota Counties.
  122         (9) Treasure Coast Regional Planning Council: Indian River,
  123  Martin, Palm Beach, and St. Lucie Counties.
  124         (10) South Florida Regional Planning Council: Broward,
  125  Miami-Dade, and Monroe Counties.
  126         Section 7. Section 186.513, Florida Statutes, is amended to
  127  read:
  128         186.513 Reports.—Each regional planning council shall
  129  prepare and furnish an annual report on its activities to the
  130  state land planning agency as defined in s. 163.3164 and the
  131  local general-purpose governments within its boundaries and,
  132  upon payment as may be established by the council, to any
  133  interested person. The regional planning councils shall make a
  134  joint report and recommendations to appropriate legislative
  135  committees.
  136         Section 8. Section 253.7828, Florida Statutes, is amended
  137  to read:
  138         253.7828 Impairment of use or conservation by agencies
  139  prohibited.—All agencies of the state, regional planning
  140  councils, water management districts, and local governments
  141  shall recognize the special character of the lands and waters
  142  designated by the state as the Cross Florida Greenways State
  143  Recreation and Conservation Area and shall not take any action
  144  which will impair its use and conservation.
  145         Section 9. Paragraph (j) of subsection (4) of section
  146  339.135, Florida Statutes, is amended to read:
  147         339.135 Work program; legislative budget request;
  148  definitions; preparation, adoption, execution, and amendment.—
  149         (4) FUNDING AND DEVELOPING A TENTATIVE WORK PROGRAM.—
  150         (j) Notwithstanding paragraph (a) and for the 2014-2015
  151  fiscal year only, the department may use up to $15 million of
  152  appropriated funds to pay the costs of strategic and regionally
  153  significant transportation projects. Funds may be used to
  154  provide up to 75 percent of project costs for production-ready
  155  eligible projects. Preference shall be given to projects that
  156  support the state’s economic regions, or that have been
  157  identified as regionally significant in accordance with s.
  158  339.155(4)(c), (d), and (e), and that have an increased level of
  159  nonstate match. This paragraph expires July 1, 2015.
  160         Section 10. Paragraph (b) of subsection (4) of section
  161  339.155, Florida Statutes, is amended to read:
  162         339.155 Transportation planning.—
  163         (4) ADDITIONAL TRANSPORTATION PLANS.—
  164         (b) Each regional planning council, as provided for in s.
  165  186.504, or any successor agency thereto, shall develop, as an
  166  element of its strategic regional policy plan, transportation
  167  goals and policies. The transportation goals and policies must
  168  be prioritized to comply with the prevailing principles provided
  169  in subsection (1) and s. 334.046(1). The transportation goals
  170  and policies shall be consistent, to the maximum extent
  171  feasible, with the goals and policies of the metropolitan
  172  planning organization and the Florida Transportation Plan. The
  173  transportation goals and policies of the regional planning
  174  council will be advisory only and shall be submitted to the
  175  department and any affected metropolitan planning organization
  176  for their consideration and comments. Metropolitan planning
  177  organization plans and other local transportation plans shall be
  178  developed consistent, to the maximum extent feasible, with the
  179  regional transportation goals and policies. The regional
  180  planning council shall review urbanized area transportation
  181  plans and any other planning products stipulated in s. 339.175
  182  and provide the department and respective metropolitan planning
  183  organizations with written recommendations, which the department
  184  and the metropolitan planning organizations shall take under
  185  advisement. Further, the regional planning councils shall
  186  directly assist local governments that are not part of a
  187  metropolitan area transportation planning process in the
  188  development of the transportation element of their comprehensive
  189  plans as required by s. 163.3177.
  190         Section 11. Subsection (18) of section 380.06, Florida
  191  Statutes, is amended to read:
  192         380.06 Developments of regional impact.—
  193         (18) BIENNIAL REPORTS.—The developer shall submit a
  194  biennial report on the development of regional impact to the
  195  local government, the regional planning agency, the state land
  196  planning agency, and all affected permit agencies in alternate
  197  years on the date specified in the development order, unless the
  198  development order by its terms requires more frequent
  199  monitoring. If the report is not received, the regional planning
  200  agency or the state land planning agency shall notify the local
  201  government. If the local government does not receive the report
  202  or receives notification that the regional planning agency or
  203  the state land planning agency has not received the report, the
  204  local government shall request in writing that the developer
  205  submit the report within 30 days. The failure to submit the
  206  report after 30 days shall result in the temporary suspension of
  207  the development order by the local government. If no additional
  208  development pursuant to the development order has occurred since
  209  the submission of the previous report, then a letter from the
  210  developer stating that no development has occurred shall satisfy
  211  the requirement for a report. Development orders that require
  212  annual reports may be amended to require biennial reports at the
  213  option of the local government.
  214         Section 12. Subsections (2) and (3) of section 403.50663,
  215  Florida Statutes, are amended to read:
  216         403.50663 Informational public meetings.—
  217         (2) Informational public meetings shall be held solely at
  218  the option of each local government or regional planning council
  219  if a public meeting is not held by the local government. It is
  220  the legislative intent that local governments or regional
  221  planning councils attempt to hold such public meetings. Parties
  222  to the proceedings under this act shall be encouraged to attend;
  223  however, no party other than the applicant and the department
  224  shall be required to attend such informational public meetings.
  225         (3) A local government or regional planning council that
  226  intends to conduct an informational public meeting must provide
  227  notice of the meeting to all parties not less than 5 days prior
  228  to the meeting and to the general public in accordance with s.
  229  403.5115(5). The expense for such notice is eligible for
  230  reimbursement under s. 403.518(2)(c)1.
  231         Section 13. Paragraph (a) of subsection (2) of section
  232  403.507, Florida Statutes, is amended to read:
  233         403.507 Preliminary statements of issues, reports, project
  234  analyses, and studies.—
  235         (2)(a) No later than 100 days after the certification
  236  application has been determined complete, the following agencies
  237  shall prepare reports as provided below and shall submit them to
  238  the department and the applicant, unless a final order denying
  239  the determination of need has been issued under s. 403.519:
  240         1. The Department of Economic Opportunity shall prepare a
  241  report containing recommendations which address the impact upon
  242  the public of the proposed electrical power plant, based on the
  243  degree to which the electrical power plant is consistent with
  244  the applicable portions of the state comprehensive plan,
  245  emergency management, and other such matters within its
  246  jurisdiction. The Department of Economic Opportunity may also
  247  comment on the consistency of the proposed electrical power
  248  plant with applicable strategic regional policy plans or local
  249  comprehensive plans and land development regulations.
  250         2. The water management district shall prepare a report as
  251  to matters within its jurisdiction, including but not limited
  252  to, the impact of the proposed electrical power plant on water
  253  resources, regional water supply planning, and district-owned
  254  lands and works.
  255         3. Each local government in whose jurisdiction the proposed
  256  electrical power plant is to be located shall prepare a report
  257  as to the consistency of the proposed electrical power plant
  258  with all applicable local ordinances, regulations, standards, or
  259  criteria that apply to the proposed electrical power plant,
  260  including any applicable local environmental regulations adopted
  261  pursuant to s. 403.182 or by other means.
  262         4. The Fish and Wildlife Conservation Commission shall
  263  prepare a report as to matters within its jurisdiction.
  264         5. Each regional planning council shall prepare a report
  265  containing recommendations that address the impact upon the
  266  public of the proposed electrical power plant, based on the
  267  degree to which the electrical power plant is consistent with
  268  the applicable provisions of the strategic regional policy plan
  269  adopted pursuant to chapter 186 and other matters within its
  270  jurisdiction.
  271         5.6. The Department of Transportation shall address the
  272  impact of the proposed electrical power plant on matters within
  273  its jurisdiction.
  274         Section 14. Paragraph (a) of subsection (3) and paragraph
  275  (a) of subsection (4) of section 403.508, Florida Statutes, are
  276  amended to read:
  277         403.508 Land use and certification hearings, parties,
  278  participants.—
  279         (3)(a) Parties to the proceeding shall include:
  280         1. The applicant.
  281         2. The Public Service Commission.
  282         3. The Department of Economic Opportunity.
  283         4. The Fish and Wildlife Conservation Commission.
  284         5. The water management district.
  285         6. The department.
  286         7. The regional planning council.
  287         7.8. The local government.
  288         8.9. The Department of Transportation.
  289         (4)(a) The order of presentation at the certification
  290  hearing, unless otherwise changed by the administrative law
  291  judge to ensure the orderly presentation of witnesses and
  292  evidence, shall be:
  293         1. The applicant.
  294         2. The department.
  295         3. State agencies.
  296         4. Regional agencies, including regional planning councils
  297  and water management districts.
  298         5. Local governments.
  299         6. Other parties.
  300         Section 15. Subsection (5) of section 403.5115, Florida
  301  Statutes, is amended to read:
  302         403.5115 Public notice.—
  303         (5) A local government or regional planning council that
  304  proposes to conduct an informational public meeting pursuant to
  305  s. 403.50663 must publish notice of the meeting in a newspaper
  306  of general circulation within the county or counties in which
  307  the proposed electrical power plant will be located no later
  308  than 7 days prior to the meeting. A newspaper of general
  309  circulation shall be the newspaper that has the largest daily
  310  circulation in that county and has its principal office in that
  311  county. If the newspaper with the largest daily circulation has
  312  its principal office outside the county, the notices shall
  313  appear in both the newspaper having the largest circulation in
  314  that county and in a newspaper authorized to publish legal
  315  notices in that county.
  316         Section 16. Paragraph (a) of subsection (2) of section
  317  403.526, Florida Statutes, is amended to read:
  318         403.526 Preliminary statements of issues, reports, and
  319  project analyses; studies.—
  320         (2)(a) No later than 90 days after the filing of the
  321  application, the following agencies shall prepare reports as
  322  provided below, unless a final order denying the determination
  323  of need has been issued under s. 403.537:
  324         1. The department shall prepare a report as to the impact
  325  of each proposed transmission line or corridor as it relates to
  326  matters within its jurisdiction.
  327         2. Each water management district in the jurisdiction of
  328  which a proposed transmission line or corridor is to be located
  329  shall prepare a report as to the impact on water resources and
  330  other matters within its jurisdiction.
  331         3. The Department of Economic Opportunity shall prepare a
  332  report containing recommendations which address the impact upon
  333  the public of the proposed transmission line or corridor, based
  334  on the degree to which the proposed transmission line or
  335  corridor is consistent with the applicable portions of the state
  336  comprehensive plan, emergency management, and other matters
  337  within its jurisdiction. The Department of Economic Opportunity
  338  may also comment on the consistency of the proposed transmission
  339  line or corridor with applicable strategic regional policy plans
  340  or local comprehensive plans and land development regulations.
  341         4. The Fish and Wildlife Conservation Commission shall
  342  prepare a report as to the impact of each proposed transmission
  343  line or corridor on fish and wildlife resources and other
  344  matters within its jurisdiction.
  345         5. Each local government shall prepare a report as to the
  346  impact of each proposed transmission line or corridor on matters
  347  within its jurisdiction, including the consistency of the
  348  proposed transmission line or corridor with all applicable local
  349  ordinances, regulations, standards, or criteria that apply to
  350  the proposed transmission line or corridor, including local
  351  comprehensive plans, zoning regulations, land development
  352  regulations, and any applicable local environmental regulations
  353  adopted pursuant to s. 403.182 or by other means. A change by
  354  the responsible local government or local agency in local
  355  comprehensive plans, zoning ordinances, or other regulations
  356  made after the date required for the filing of the local
  357  government’s report required by this section is not applicable
  358  to the certification of the proposed transmission line or
  359  corridor unless the certification is denied or the application
  360  is withdrawn.
  361         6. Each regional planning council shall present a report
  362  containing recommendations that address the impact upon the
  363  public of the proposed transmission line or corridor based on
  364  the degree to which the transmission line or corridor is
  365  consistent with the applicable provisions of the strategic
  366  regional policy plan adopted under chapter 186 and other impacts
  367  of each proposed transmission line or corridor on matters within
  368  its jurisdiction.
  369         6.7. The Department of Transportation shall prepare a
  370  report as to the impact of the proposed transmission line or
  371  corridor on state roads, railroads, airports, aeronautics,
  372  seaports, and other matters within its jurisdiction.
  373         7.8. The commission shall prepare a report containing its
  374  determination under s. 403.537, and the report may include the
  375  comments from the commission with respect to any other subject
  376  within its jurisdiction.
  377         8.9. Any other agency, if requested by the department,
  378  shall also perform studies or prepare reports as to subjects
  379  within the jurisdiction of the agency which may potentially be
  380  affected by the proposed transmission line.
  381         Section 17. Paragraph (a) of subsection (2) and paragraph
  382  (a) of subsection (3) of section 403.527, Florida Statutes, are
  383  amended to read:
  384         403.527 Certification hearing, parties, participants.—
  385         (2)(a) Parties to the proceeding shall be:
  386         1. The applicant.
  387         2. The department.
  388         3. The commission.
  389         4. The Department of Economic Opportunity.
  390         5. The Fish and Wildlife Conservation Commission.
  391         6. The Department of Transportation.
  392         7. Each water management district in the jurisdiction of
  393  which the proposed transmission line or corridor is to be
  394  located.
  395         8. The local government.
  396         9. The regional planning council.
  397         (3)(a) The order of presentation at the certification
  398  hearing, unless otherwise changed by the administrative law
  399  judge to ensure the orderly presentation of witnesses and
  400  evidence, shall be:
  401         1. The applicant.
  402         2. The department.
  403         3. State agencies.
  404         4. Regional agencies, including regional planning councils
  405  and water management districts.
  406         5. Local governments.
  407         6. Other parties.
  408         Section 18. Subsections (2) and (3) of section 403.5272,
  409  Florida Statutes, are amended to read:
  410         403.5272 Informational public meetings.—
  411         (2) Informational public meetings shall be held solely at
  412  the option of each local government or regional planning
  413  council. It is the legislative intent that local governments or
  414  regional planning councils attempt to hold such public meetings.
  415  Parties to the proceedings under this act shall be encouraged to
  416  attend; however, a party other than the applicant and the
  417  department is not required to attend the informational public
  418  meetings.
  419         (3) A local government or regional planning council that
  420  intends to conduct an informational public meeting must provide
  421  notice of the meeting, with notice sent to all parties listed in
  422  s. 403.527(2)(a), not less than 15 days before the meeting and
  423  to the general public in accordance with s. 403.5363(4).
  424         Section 19. Subsection (4) of section 403.7264, Florida
  425  Statutes, is amended to read:
  426         403.7264 Amnesty days for purging small quantities of
  427  hazardous wastes.—Amnesty days are authorized by the state for
  428  the purpose of purging small quantities of hazardous waste, free
  429  of charge, from the possession of homeowners, farmers, schools,
  430  state agencies, and small businesses. These entities have no
  431  appropriate economically feasible mechanism for disposing of
  432  their hazardous wastes at the present time. In order to raise
  433  public awareness on this issue, provide an educational process,
  434  accommodate those entities which have a need to dispose of small
  435  quantities of hazardous waste, and preserve the waters of the
  436  state, amnesty days shall be carried out in the following
  437  manner:
  438         (4) Regional planning councils shall assist the department
  439  in site selection, public awareness, and program coordination.
  440  However, the department shall retain full responsibility for the
  441  state amnesty days program.
  442         Section 20. Paragraph (a) of subsection (2) of section
  443  403.941, Florida Statutes, is amended to read:
  444         403.941 Preliminary statements of issues, reports, and
  445  studies.—
  446         (2)(a) The affected agencies shall prepare reports as
  447  provided in this paragraph and shall submit them to the
  448  department and the applicant within 60 days after the
  449  application is determined sufficient:
  450         1. The department shall prepare a report as to the impact
  451  of each proposed natural gas transmission pipeline or corridor
  452  as it relates to matters within its jurisdiction.
  453         2. Each water management district in the jurisdiction of
  454  which a proposed natural gas transmission pipeline or corridor
  455  is to be located shall prepare a report as to the impact on
  456  water resources and other matters within its jurisdiction.
  457         3. The Department of Economic Opportunity shall prepare a
  458  report containing recommendations which address the impact upon
  459  the public of the proposed natural gas transmission pipeline or
  460  corridor, based on the degree to which the proposed natural gas
  461  transmission pipeline or corridor is consistent with the
  462  applicable portions of the state comprehensive plan and other
  463  matters within its jurisdiction. The Department of Economic
  464  Opportunity may also comment on the consistency of the proposed
  465  natural gas transmission pipeline or corridor with applicable
  466  strategic regional policy plans or local comprehensive plans and
  467  land development regulations.
  468         4. The Fish and Wildlife Conservation Commission shall
  469  prepare a report as to the impact of each proposed natural gas
  470  transmission pipeline or corridor on fish and wildlife resources
  471  and other matters within its jurisdiction.
  472         5. Each local government in which the natural gas
  473  transmission pipeline or natural gas transmission pipeline
  474  corridor will be located shall prepare a report as to the impact
  475  of each proposed natural gas transmission pipeline or corridor
  476  on matters within its jurisdiction, including the consistency of
  477  the proposed natural gas transmission pipeline or corridor with
  478  all applicable local ordinances, regulations, standards, or
  479  criteria that apply to the proposed natural gas transmission
  480  pipeline or corridor, including local comprehensive plans,
  481  zoning regulations, land development regulations, and any
  482  applicable local environmental regulations adopted pursuant to
  483  s. 403.182 or by other means. No change by the responsible local
  484  government or local agency in local comprehensive plans, zoning
  485  ordinances, or other regulations made after the date required
  486  for the filing of the local government’s report required by this
  487  section shall be applicable to the certification of the proposed
  488  natural gas transmission pipeline or corridor unless the
  489  certification is denied or the application is withdrawn.
  490         6. Each regional planning council in which the natural gas
  491  transmission pipeline or natural gas transmission pipeline
  492  corridor will be located shall present a report containing
  493  recommendations that address the impact upon the public of the
  494  proposed natural gas transmission pipeline or corridor, based on
  495  the degree to which the natural gas transmission pipeline or
  496  corridor is consistent with the applicable provisions of the
  497  strategic regional policy plan adopted pursuant to chapter 186
  498  and other impacts of each proposed natural gas transmission
  499  pipeline or corridor on matters within its jurisdiction.
  500         6.7. The Department of Transportation shall prepare a
  501  report on the effect of the natural gas transmission pipeline or
  502  natural gas transmission pipeline corridor on matters within its
  503  jurisdiction, including roadway crossings by the pipeline. The
  504  report shall contain at a minimum:
  505         a. A report by the applicant to the department stating that
  506  all requirements of the department’s utilities accommodation
  507  guide have been or will be met in regard to the proposed
  508  pipeline or pipeline corridor; and
  509         b. A statement by the department as to the adequacy of the
  510  report to the department by the applicant.
  511         7.8. The Department of State, Division of Historical
  512  Resources, shall prepare a report on the impact of the natural
  513  gas transmission pipeline or natural gas transmission pipeline
  514  corridor on matters within its jurisdiction.
  515         8.9. The commission shall prepare a report addressing
  516  matters within its jurisdiction. The commission’s report shall
  517  include its determination of need issued pursuant to s.
  518  403.9422.
  519         Section 21. Paragraph (a) of subsection (4) and subsection
  520  (6) of section 403.9411, Florida Statutes, are amended to read:
  521         403.9411 Notice; proceedings; parties and participants.—
  522         (4)(a) Parties to the proceeding shall be:
  523         1. The applicant.
  524         2. The department.
  525         3. The commission.
  526         4. The Department of Economic Opportunity.
  527         5. The Fish and Wildlife Conservation Commission.
  528         6. Each water management district in the jurisdiction of
  529  which the proposed natural gas transmission pipeline or corridor
  530  is to be located.
  531         7. The local government.
  532         8. The regional planning council.
  533         8.9. The Department of Transportation.
  534         9.10. The Department of State, Division of Historical
  535  Resources.
  536         (6) The order of presentation at the certification hearing,
  537  unless otherwise changed by the administrative law judge to
  538  ensure the orderly presentation of witnesses and evidence, shall
  539  be:
  540         (a) The applicant.
  541         (b) The department.
  542         (c) State agencies.
  543         (d) Regional agencies, including regional planning councils
  544  and water management districts.
  545         (e) Local governments.
  546         (f) Other parties.
  547         Section 22. Subsection (6) of section 419.001, Florida
  548  Statutes, is amended to read:
  549         419.001 Site selection of community residential homes.—
  550         (6) If agreed to by both the local government and the
  551  sponsoring agency, a conflict may be resolved through informal
  552  mediation. The local government shall arrange for the services
  553  of an independent mediator or may utilize the dispute resolution
  554  process established by a regional planning council pursuant to
  555  s. 186.509. Mediation shall be concluded within 45 days of a
  556  request therefor. The resolution of any issue through the
  557  mediation process shall not alter any person’s right to a
  558  judicial determination of any issue if that person is entitled
  559  to such a determination under statutory or common law.
  560         Section 23. Subsection (4) of section 985.682, Florida
  561  Statutes, is amended to read:
  562         985.682 Siting of facilities; criteria.—
  563         (4) When the department requests such a modification and it
  564  is denied by the local government, the local government or the
  565  department shall initiate the dispute resolution process
  566  established under s. 186.509 to reconcile differences on the
  567  siting of correctional facilities between the department, local
  568  governments, and private citizens. If the regional planning
  569  council has not established a dispute resolution process
  570  pursuant to s. 186.509, The department shall establish, by rule,
  571  procedures for dispute resolution. The dispute resolution
  572  process shall require the parties to commence meetings to
  573  reconcile their differences. If the parties fail to resolve
  574  their differences within 30 days after the denial, the parties
  575  shall engage in voluntary mediation or similar process. If the
  576  parties fail to resolve their differences by mediation within 60
  577  days after the denial, or if no action is taken on the
  578  department’s request within 90 days after the request, the
  579  department must appeal the decision of the local government on
  580  the requested modification of local plans, ordinances, or
  581  regulations to the Governor and Cabinet. Any dispute resolution
  582  process initiated under this section must conform to the time
  583  limitations set forth herein. However, upon agreement of all
  584  parties, the time limits may be extended, but in no event may
  585  the dispute resolution process extend over 180 days.
  586         Section 24. Section 186.0201, Florida Statutes, is
  587  repealed.
  588         Section 25. Section 260.018, Florida Statutes, is repealed.
  589         Section 26. For the 2015-2016 fiscal year, the sum of $2.5
  590  million in nonrecurring funds from the General Revenue Fund is
  591  appropriated to the regional planning councils, 75 percent of
  592  which must be divided equally among the councils and 25 percent
  593  must be allocated according to population. The funds must be
  594  used to implement the statutory requirements of chapter 163,
  595  Florida Statutes, and the Florida Five-Year Strategic Plan for
  596  Economic Development and to address problems of greater than
  597  local government concern and provide technical assistance to
  598  local governments, economic development organizations, and other
  599  stakeholders.
  600         Section 27. This act shall take effect July 1, 2015.
  601  
  602  ================= T I T L E  A M E N D M E N T ================
  603  And the title is amended as follows:
  604         Delete everything before the enacting clause
  605  and insert:
  606                        A bill to be entitled                      
  607         An act relating to regional planning councils;
  608         amending s. 163.3175, F.S.; deleting obsolete
  609         provisions; amending s. 163.3246, F.S.; removing
  610         restrictions on certain exemptions; amending s.
  611         163.3248, F.S.; removing the requirement that regional
  612         planning councils provide assistance in developing a
  613         plan for a rural land stewardship area; amending s.
  614         186.505, F.S.; removing the power of regional planning
  615         councils to establish and conduct cross-acceptance
  616         negotiation processes; amending s. 186.506, F.S.;
  617         removing the Governor’s authority to revise regional
  618         planning council district boundaries; creating s.
  619         186.512, F.S.; subdividing the state into specified
  620         geographic regions for the purpose of regional
  621         comprehensive planning; amending s. 186.513, F.S.;
  622         deleting the requirement that regional planning
  623         councils make joint reports and recommendations;
  624         amending s. 253.7828, F.S.; conforming provisions to
  625         changes made by the act; amending s. 339.135, F.S.;
  626         deleting obsolete provisions; amending s. 339.155,
  627         F.S.; removing certain duties of regional planning
  628         councils; amending s. 380.06, F.S.; removing the
  629         requirement that certain developers submit biennial
  630         reports to regional planning agencies; amending s.
  631         403.50663, F.S.; removing requirements relating to
  632         certain informational public meetings; amending s.
  633         403.507, F.S.; removing the requirement that regional
  634         planning councils prepare reports addressing the
  635         impact of proposed electrical power plants; amending
  636         s. 403.508, F.S.; removing the requirement that
  637         regional planning councils participate in certain
  638         proceedings; amending s. 403.5115, F.S.; conforming
  639         provisions to changes made by the act; amending s.
  640         403.526, F.S.; removing the requirement that regional
  641         planning councils prepare reports addressing the
  642         impact of proposed transmission lines or corridors;
  643         amending s. 403.527, F.S.; removing the requirement
  644         that regional planning councils parties participate in
  645         certain proceedings; amending s. 403.5272, F.S.;
  646         conforming provisions to changes made by the act;
  647         amending s. 403.7264, F.S.; removing the requirement
  648         that regional planning councils assist with amnesty
  649         days for purging small quantities of hazardous wastes;
  650         amending s. 403.941, F.S.; removing the requirement
  651         that regional planning councils prepare reports
  652         addressing the impact of proposed natural gas
  653         transmission lines or corridors; amending s. 403.9411,
  654         F.S.; removing the requirement that regional planning
  655         councils participate in certain proceedings; amending
  656         ss. 419.001 and 985.682, F.S.; removing provisions
  657         relating to the use of a certain dispute resolution
  658         process; repealing s. 186.0201, F.S., relating to
  659         electric substation planning; repealing s. 260.018,
  660         F.S., relating to agency recognition of certain
  661         publicly owned lands and waters; providing an
  662         appropriation; providing an effective date.